Thread: gary68 v barclaycard-is this a new reply

Hi all I thought i would start my own thread seems as ive been following loads of other great ones-hope this is in the right place.

well this is the position iam at, I have sent a cca request off and as usual they replied with the same standard letter everone else receives (not even a application form)-let alone a agreement, just a letter of account.

I replied with the "not acceptable" and the the "account in dispute letters"
and eventualy mercers have been involved,to which i have sent the harrasment letters off and again told barclaycard and mercers the account was in dispute..

sorry to be so brief..but ...

today however i received this 3 page letter,i would be interested to hear anyones comments and in particular-any replys.




[IMG]http://i688.photobucket.com/albums/vv248/gary68_01/barc-tcside2.jpg[/IMG

Well Gary

i guess will get that in the post any day soon

not seen this letter yet anywhere on the thread by anyone

im sure other more legal minded people will come along soon and i will sub to your thread

to me it sounds like the usual dribble they pump out and i now dont trust anything any bank sends me,,,,

anyway will keep an eye out for anyone i think may be able to help and hopefully you will have some good replies to send back at them

ive more or less done the same as you but ive also sent the cpr letter

will bring up a link for you to read up on in a bit

am back===================== ==== see link below
http://www.consumeractiongroup.co.uk...uldnt-use.html

good luck and laters angel x

Hi Angel
thanks for the reply,this looks like they have got a new template letter together
I have sent a letter previous to this and included a bit of the cpr,I will scan the letter I sent to them and post up.




again this was my letter to them before I received theirs today

Yes Gary

i take what you say,,,maybe another template letter hme,,,

well lets see what the experts have to say about it,,,

leave it until tomorrow for others to get to view this thread but dont worry if i come across someone i will alert them to this thread for you

keep positive if nothing ive learned in this is that there is always someone who knows the answer, its just having a bit of patience and remember if you dont get any positive replies say by end of the weekend then id click on the red triangle next to the reputation scales and a moderator will be alerted and someone will come along to view

laters angel x

thanks Angel,
I never new that about the triangle...I see there is lots more to learn,
I will wait for others to view...
and thanks again for the confidence boost

hiya gary

listen no worries, i might not be confident in giving legal advice yet as ive not got that far yet,,,but still learning,,,

just keep reading and subbing to threads that mirror perhaps your own situation and you will learn that way too

you will gain both knowledge and confidence the more you post and the more you read

ive already spread the word on the letter reply you have had so im hoping a few will come along soon to advise you

in the meatime just open a new thread for each creditor and that way you get specific help at each point for each creditor

anything else you have concerns for just post and you will lots of support from everyone here

laters angel x

Hi Gary,

They've NOT singled you out for a new response. We've seen Mr Sefton replying similarly on many threads.

Have BC sent you any sort of Agreement or Application Form - if so scan it so it can be checked.

When the 21 days is up for the first CPR letter, send off the second.

Hi Slick
thanks for the reply,
no they havent sent me any appication form as they state in their letter or agreement just a single letter stating my account from wendy Gerrad It states on letter included:

A copy of your original agreement
Current credit limit
next payment
and a copy of your current Barclaycard terms and conditons will be sent under seperate cover.

the cancellation form (photo copied of course) with a blank box for signature
just the same as many others "barclaycard conditions of use-a copy for your records"

photocopy of terms and conditions arrived a few days later-could be anybodys.

Hi Milli,

If I've read it right, Gary HASN'T sent the CPR letter. Just a CCA request.

However, now might be a good time to start the CPR 31.16 request process. Angel put a link to this in post #2 aboce.

hiya all

im now confused too,,,i saw the letter in post 3 which mentioned cpr bit,,, but agree its not in the same format as recommended on pt's thread on how to send a correct cpr letter,,,,

bit of a mad week this past week, i am sorry to have caused a little confussion

laters all angel x

HI all
thanks for the comments
your right angel and slick

I sent the letter and included the small bit about the cpr because I wanted to see their responce regarding standard template letters and I wanted them to a least reply wih a application form of some kind as they had already replied with "you have already received a copy of your executed agreement" (which I consider to be untrue).

I made it purposly because i was sick of Mercers annoying claims of possible court action if you dont pay.

although i have no proof of this I thought it might as well include it in the leter as to seS if it stirred a reaction.

what im a bit worried about now is that they say
"We do not class the account in dispute and we will carry on with the collection service"

My problem now is how to fob mercers off verbaly rather than ignoring the phone

any letter advice? or should i leave it

Hi Gary,

Clearly, BC and/or Mercers intend to carry on chasing re this a/c as they do not agree it is In Dispute.

Have there been any penalty charges on the a/c in the last 6 years. You can reclaim these and BC will repay them readily.

Do you have all your statements for the last 6 years.

Hi Wilma
well firstly let me confirm I never phone a DCA and always fob them off .
when I sometimes pick the phone up and answer with the dispute protest mercers seem to act stupid and ask me why and claim they have never heard of anybody doing this before (ye sure) after explaining my cca request and non conforming I said bc can take me to court if they wish her reply
"Barclaycard never take anyone to court"

nice but you do hound the life out of them dont you

Hi slick
At the moment iam still awaitng my SAR request to be sent to me which they have 5 days left to conform.
Hopefully I will receive and look at the charges+PPI etc..
however even though the account is in dispute they are still sending statements with interest and charges and they wont admit the account is in dispute.
thanks all
how can i post my letters on here so we can read-without photobucket links please

Hi Gary,

You can photo or scan doc'ts and copy them here without a link to PB. Are there any other suggestions here - http://www.consumeractiongroup.co.uk...i-dummies.html

They'll continue to add charges and interes ad-nauseum until the issue is resolved. It may take court action, either by them or you, to reach that stage.

Hi all been reading up o what i can reply to my response from barclaycard and found a nice reply on the post below,im thinking of using it,for anyone else in the same situation.
Militant's Friend v Barclaycard

Dear Ms Garrad

letter before action

Thank you for your letter dated XX March 2009, which you state that you have sent in reply to my previous letters.

I note with disappointment that the most recent letter that you have sent me appears to be a standard template letter that you have sent to numerous other customers, and which in no way addresses the letters I sent to your organisation on XX January 2009 and XX February 2009.

Specifically, the letter which you have sent me on XX March 2009 appears to have been written as a response where a customer has expressed dissatisfaction with documents received in response to a request made under Section 77/78 of the Consumer Credit Act.

It is true that I made such a request on XX January 2009. However, I have since learned that Barclays Bank PLC have decided not to provide customers with a copy of their original signed Barclaycard agreement in this situation, and I do not intend to challenge this decision at the present time.

However, I would like to remind you that my letters of XX January 2009 and XX February 2009 were NOT made persuant to section 78 Consumer Credit Act 1974 but were made pursuant to the Civil Procedure Rules (Pre action protocols and Part 31.16).

I have attached a second copy of my previous letters dated XX January 2009 and XX February 2009, which clearly set out why I need a copy of the original signed contract in its original form.

For the avoidance of doubt, I require this document for the following reasons:-

1. I require this as I have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed.

2. Because I believe that you may have charged me for payment protection insurance without my permission.

Obviously if the agreement is improperly executed I would be entitled to ask the court to consider the agreement and make a declaration of the rights of parties to the agreement.

Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document.

I do not view this as an unreasonable request given that by supplying the document which I have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides.

In view of the circumstances I do not feel it is unreasonable to ask for this document to be disclosed. It is not commercially sensitive, nor is it a restricted document, and it should be easily accessible for an organisation such as yours. Therefore I would ask that you provide me with a copy of the contract which bears my signature. I require the complete document with all its parts.

Since this matter is likely to be subject to proceedings, and given that your organisation is likely to be a defendant in any action which would be brought by me, I must draw your attention to Civil Procedure Rules part 31.16(3)(C)&(D), which gives the court the power to order you to disclose this document to me.

The disclosure of these documents will allow me to consider any claim I may have against your organisation and will allow for the matter to be dealt with possibly without the need for costly litigation. Therefore I again ask that you provide me with the documents which I have previously requested. I do not consider this request unreasonable and therefore if you fail to comply with my request I will be left no option but to make an application to XXXXXXXX county court for an order made under the provisions of CPR 31.16 ordering you to disclose the documents which I have requested.

Additionally I will ask the court to make an order for my costs in bringing this application and reserve the right to disclose all communications in this matter before the court should such an application become necessary.

Please confirm by no later than 4pm on XX April 2009 [giving at least 21 days plus postage] that you will comply with my request or, if you will not comply, please provide your reasons in writing.

Yours sincerely

XXXXXXXXXX [printed not signed] County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook.
This comprehensive and very accessible guide will take you through the process of suing or defending a claim.
This guide will help you take control of your litigation and make you more confident about doing it yourself.

Hi Gary

We haven't had a response to that letter yet - I will post on my thread when we do.

To be honest I am waiting for the outcome of smt's thread - (s)he has a hearing in April, having filed the N244 at court.

Here's that one
http://www.consumeractiongroup.co.uk...-goldfish.html